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Home My WebLink About20150429.tiff RESOLUTION RE: FINDING AND ORDER: ABATEMENT OF NUISANCE CONDITION ON PROPERTY OWNED BY MR. STEVEN J. WINICK-C.R.S. 25-1-518 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Mr. Steven J. Winick, owns property (Parcel #070512300004) located at 11081 Highway 14, Ault, Colorado 80610; being further described as part of Section 12, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado; ("the Property"), on which the existing septic system was found to be failing and not of sufficient size and capacity to adequately handle the effluent from the residence on the Property, thereby constituting a nuisance in need of abatement in accordance as per provisions of Section 25-1-518, C.R.S., and WHEREAS, despite efforts by the Weld County Department of Public Health and Environment (WCDPHE) staff to resolve said matter, the nuisance was not abated, and WHEREAS, on the 9th day of February, 2015, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said nuisance condition, and WHEREAS, Mr. Steven J. Winick was not present or represented at said hearing, although he was notified of said hearing by WCDPHE, and WHEREAS, employees of WCDPHE and the Weld County Attorney's Office testified regarding the nuisance condition on the Property created by the failing and undersized septic system, and WHEREAS, based upon such testimony, the Board of County Commissioners deems it advisable to issue an Order of Abatement against Mr. Steven J. Winick, thereby ordering abatement of the nuisance condition. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that, based upon the testimony of WCDPHE and the County Attorney's Office, the failing and undersized septic system located at 11081 Highway 14, Ault Colorado, 80610, constitutes a nuisance pursuant to Section 25-1-518, C.R.S., and BE IT FURTHER RESOLVED that an Order of Abatement against Mr. Steven J. Winick be, and hereby is, issued pursuant to Section 25-1-518, C.R.S., whereby the following actions are ordered to abate the nuisance condition on the Property: 1. WCDPHE is authorized to obtain a systems cleaner to pump the septic system as necessary but at least weekly until March 2, 2015, because Mr. Winick has failed to conduct such pumping despite prior CDPHE requests. The costs of such pumping shall be imposed on the Property as a special assessment for the costs of such abatement pursuant to Section 25-1-518, C.R.S.; and 2. Mr. Winnick is ordered to install as soon as possible a septic system, or repair \ CA �2u 2015-0429 U.;Pi-01) HL0047047 HEALTH VIOLATION - STEVEN J. WINICK PAGE 2 the current system, if possible, that conforms to the Weld County On-Site Wastewater Treatment System Regulations. BE IT FURTHER RESOLVED that due to the health hazard posed by the failing and undersized septic system, CDPHE and the County Attorney's Office are directed to take action to vacate the tenants from the residence on the Property which is served by said septic system and to initiate additional enforcement actions as necessary to bring said septic system into compliance with the Weld County Code. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of February, A.D., 2015. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORADO ATTEST:CC�� f/ ita" arbara KirkPip r Weld County Clerk to the Board �( de Freeman, Pro-Tem 1 BV4De QoQAi De Clerk to th Board ,., EXCUSED E � Sean ' onw�y APPROVD AS TO FORM: J 1 �� GL(-ci Ogetoi iii , lie A. Cozad County Attorney ®u vs , Steve Moreno Date of signature: a�•7 2015-0429 HL0047 11081 Highway 14,Ault,CO Background Summary June 12,2013 An evaluation of the existing OWTS at 11081 Highway 14,Ault was conducted. The existing septic system was found to be malfunctioning and not of sufficient size and capacity to handle the proposed sewage load October 23, 2013 A Septic Permit for Repair was issued to Steve Winick for the property at 11081 Highway 14,Ault,CO., permit number SP-1300238 June 26, 2014 Complaint received regarding a failing septic system at 11081 Highway 14,Ault, with drainage backing up into house June 30, 2014 Observation of the existing OWTS was conducted in response to the complaint dated June 26, 2014. The existing OWTS was noted to be failing,with surfacing effluent and insufficient capacity to handle the wastewater load. July 1,2014 Letter of violation, indicating the existing septic system continues to be in violation was sent via certified mail. July 8, 2014 The return receipt was received at WCDPHE which indicated the letter dated July 1, 2014,was picked upon July 8,2014 July 17, 2014 A memo was provided by Bob Wright: Mr.Winick informed Bob that he would be pumping the septic tank monthly to keep effluent from surfacing. Bob informed him that this was okay, however,the pumping interval must keep the effluent from surfacing upon the ground. Bob also informed Mr.Winick that he must send WCDPHE a plan for pumping and also must send in receipts so that our department can verify that the tank is being pumped. July 24, 2014 A letter from Mr.Winick, dated July 18,2014 was received by WCDPHE, indicating that the septic tank would be pumped out as needed.A receipt for pumping of 1000 gallons from the septic tank was received by WCDPHE. October 14,2014 Phone call regarding the existing OWTS and the Septic Permit for Repair. Owner was notified that the permit had an expiration date of October 23, 2014.Owner indicated that he was waiting for a loan to repair the system. October 22, 2014 Phone call regarding the existing OWTS and the Septic Permit for Repair. Message was left for the owner regarding the expiring permit and an attempt to discuss a solution. October 28, 2014 A letter was sent to Mr.Winick,via both certified and regular mail, notifying Mr. Winick of the Health Officer Hearing on November 3,2014 at 10:00AM. October 31, 2014 Phone conversation with Steve Winick, informing Steve of the November 3,2014 Cease and Desist Hearing. Steve stated that Bob Wright had all original receipts for the pumping of his tank. A record and file search was conducted.WCDPHE has no record of any pumping receipts other than the July 18, 2014 receipt. November 3, A Health officer Hearing was held to consider the issuance of a Cease and Desist 2014 order. A Cease and Desist order to bring the OWTS into compliance was issued. November 3, A pumping receipt for November 3, 2014 was received by WCDPHE 2014 November 8, A letter was sent to Mr. Winick regarding non-compliance with the Cease and Desist 2014 Order. The letter stated that enforcement actions would be held off if a date was provided (no later than March 11 for the system to be replaced. It was also stated that the septic tank should be pumped weekly and receipts sent to WCDPHE for 2015-0429 confirmation of pumping. November 17, Phone call from Mr.Winick. Stating that he had "a deal with Bob and that Bob had 2014 all of the paperwork." WCDPHE has verified through phone conversation and email on November 14, 2014,that there has been no deal with Bob Wright and that Bob does not have and did not receive any paperwork or any receipts of pumping other than the July 18, 2014 receipt. November 24, Permit IS SP-1300238 which had expired on October23, 2014,was renewed. 2014 December 11, Received an invoice from Mr.Winick which would indicate the new septic system 2014 would be installed in February or March. December 12, A call was made to Mr.Winick to inquire about the installer of the septic system as 2014 the name of the company on the invoice is not on the list of licensed and approved installers for Weld County. Mr.Winick was informed that anyone installing the septic system must be licensed and approved to work in Weld County. An inquiry was made into whether the septic tank had been pumped and that WCDPHE had not received any more receipts of pumping. Mr.Winick stated that he was going to pump the tank. He also informed WCDPHE that he would not be pumping weekly as was stated on the letter from Weld County Attorney. December 22, WCDPHE received a phone message from Mr.Winick. Message stated that there 2015 was no guarantee that the system could be installed before March or April. Also stated that pumping would not be conducted weekly. January 21, 2015 An inspection was conducted. Surfacing effluent was observed by two inspectors of WCDPHE at 11081 Hwy 14. January 27, 2015 A letter notifying Mr. Winick that a Nuisance Hearing is to take place before the Board of County Commissioners was sent out. A phone message was also left informing Mr.Winick of this Hearing. January 28, 2015 An inspection was conducted. Surfacing effluent was again observed by two inspectors of WCDPHE at 11081 Hwy 14. January 30, 2015 Phone call regarding Nuisance Hearing Date. Reiteration that only two pumping receipts have been received. Informed Mr.Winick that effluent continues to be present on the surface at 11081 Hwy 14,Ault. February 2, 2015 A pumping receipt for December 24, 2014 was received by WCDPHE 2/6/2015 FAILING OWTS LOCATED AT 11081 HWY 14, AULT CO Date: February 9, 2015 Hearing with the Board of County Commissioners Statutory and Regulatory Foundation Weld County Department of Public Health and Environment On-Site Wastewater Treatment Systems Regulations, Chapter 30 require the following: Sec. 30-4- 10. General Sanitation Requirements a The owner of any structure where people live, work or congregate shall ensure that the structure contains an adequate, convenient, sanitary toilet and sewage system in good working order. Under no condition shall sewage or effluent be permitted to be discharged upon the surface of the ground.. . 1 2/6/2015 Colorado Revised Statutes, Section 25 - 1 - 51 8 ( 1 ) Removal of nuisances. The county or district board of health shall examine all nuisances, sources of filth, and causes of sickness, which, in its opinion, may be injurious to the health of the inhabitants, within its town, city, county, city and county, or district, and it shall destroy, remove, or prevent the nuisance, source of filth, or cause of sickness, as the case may require. (2) Unhealthy premises cleaned--structures removed. If any cellar, vault, lot, sewer, drain, place, or premises within any city is damp, unwholesome, offensive, or filthy, or is covered for any portion of the year with stagnant or impure water, or is in a condition as to produce unwholesome or offensive exhalations, the county or district board of health may cause the area to be drained, filled up, cleaned, amended, or purified; or may require the owner or occupant or person in charge of the lot, premises, or place to perform such duty; or may cause the removal to be done by the proper officers of the city. Colorado Revised Statutes/ Section 25 - 1 - 518 a It (3) Expense for abating nuisance. If any person or company neglects to remove or abate any nuisance or to perform any requirement made by or in accordance with any ordinance or resolution of the county or district board of health for the protection of the health of the inhabitants and if any expense is incurred by the board in removing or abating the nuisance or in causing such duty or requirement to be performed, such expense may be recovered by the board in an action against such person or company. In all cases where the board incurs any expense for draining, filling, cleaning, or purifying any lot, place, or premises, or for removing or abating any nuisance found upon such lot or premises, the board, in addition to all other remedies, may provide for the recovery of such expense, charge the same or such part thereof as it deems proper to the lot or premises upon or on account of which such expense was incurred or from which such nuisance was removed or abated, and cause the same to be assessed upon such lot or premises and collected as a special assessment. 2 r 2/6/2015 Colorado Revised Statutes/ Section 25 - 1 - 518 mismor (4) Removal of nuisance on private property--penalty. Whenever any nuisance, source of filth, or cause of sickness is found on private property, the county or district board of health shall order the owner or occupant or the person who has caused or permitted such nuisance, at his or her own expense, to remove the same within twenty-four hours. In default thereof, he or she shall forfeit a sum not to exceed one hundred dollars at the suit of the board of county commissioners of the proper county or the board of the proper city, town, or village for the use of the county or district board of health of the city or town where the nuisance is found. (5) Board to remove--when. If the owner or occupant does not comply with an order of the county or district board of health, the board may cause the nuisance, source of filth, or cause of sickness to be removed, and all expense incurred thereby shall be paid by the owner or occupant or by such other person who has caused or permitted the nuisance, source of filth, or cause of sickness. 11081 Highway 14 Background Summary June 12, 2013 An evaluation of the existing OWTS at 11081 Highway 14, Ault was conducted. The existing septic system was found to be malfunctioning and not of sufficient size and capacity to handle the proposed sewage load October 23, 2013 A Septic Permit for Repair was issued to Steve Winick for the property at 11081 Highway 14, Ault, CO., permit number SP-1300238 June 26, 2014 Complaint received regarding a failing septic system at 11081 Highway 14, Ault, with drainage backing up into house June 30, 2014 Observation of the existing OWTS was conducted in response to the complaint dated June 26, 2014. The existing OWTS was noted to be failing, with surfacing effluent and insufficient capacity to handle the wastewater load. July 1, 2014 Letter of violation, indicating the existing septic system continues to be in violation was sent via certified mail. July 8, 2014 The return receipt was received at WCDPHE which indicated the letter dated July 1, 2014, was picked up on July 8, 2014 3 2/6/2015 11081 Highway 14 Background Summary July 17, 2014 A memo was provided by Bob Wright: Mr. Winick informed Bob that he would be pumping the septic tank monthly to keep effluent from surfacing. Bob informed him that this was okay, however, the pumping interval must keep the effluent from surfacing upon the ground. Bob also informed Mr. Winick that he must send WCDPHE a plan for pumping and also must send in receipts so that our department can verify that the tank is being pumped. July 24, 2014 A letter from Mr. Winick, dated July 18, 2014 was received by WCDPHE, indicating that the septic tank would be pumped out as needed. A receipt for pumping of 1000 gallons from the septic tank was received by WCDPHE. October 14, 2014 Phone call regarding the existing OWTS and the Septic Permit for Repair. Owner was notified that the permit had an expiration date of October 23, 2014. Owner indicated that he was waiting for a loan to repair the system. October 22, 2014 Phone call regarding the existing OWTS and the Septic Permit for Repair. Message was left for the owner regarding the expiring permit and an attempt to discuss a solution. October 28, 2014 A letter was sent to Mr. Winick, via both certified and regular mail, notifying Mr. Winick of the Health Officer Hearing on November 3, 2014 at 10:00AM. 11081 Highway 14 Background Summary October 31, 2014 Phone conversation with Steve Winick, informing Steve Winick of the November 3, 2014 Cease and Desist Hearing. Steve Winick stated that Bob Wright had all original receipts for the pumping of his tank. A record and file search was conducted. WCDPHE has no record of any pumping receipts other than the July 18, 2014 receipt. November 3, 2014 A Health officer Hearing was held to consider the issuance of a Cease and Desist order. A Cease and Desist order to bring the OWTS into compliance was issued. Steve Winick did not attend the Health Officer hearing. November 3, 2014 A pumping receipt for November 3, 2014 was received by WCDPHE November 17, 2014 Phone call from Mr. Winick. Stating that he had "a deal with Bob and that Bob had all of the paperwork." WCDPHE has verified through phone conversation and email with Bob Wright on November 14, 2014, that there has been no deal with Bob Wright and that Bob does not have and did not receive any paperwork or any receipts of pumping other than the July 18, 2014 receipt. 4 2/6/2015 11081 Highway 14 Background Summary November 24, 2014 Permit # SP-1300238 which had expired on October23, 2014, was renewed. December 8, 2014 A letter was sent to Mr. Winick regarding non-compliance with the Cease and Desist Order. The letter stated that enforcement actions would be held off if a date was provided (no later than March 15') for the system to be replaced. It was also stated that the septic tank should be pumped weekly and receipts sent to WCDPHE for confirmation of pumping. December 11, 2014 Received an invoice from Mr. Winick which would indicate the new septic system would be installed in February or March. December 12, 2014 A phone call to Mr. Winick to inquire about the installer of the septic system (as the name of the company on the invoice is not on the list of licensed and approved installers for Weld County). Mr. Winick was informed that anyone installing the septic system must be licensed and approved to work in Weld County. An inquiry was made into whether the septic tank had been pumped and that WCDPHE had not received any more receipts of pumping. Mr. Winick stated that he was going to pump the tank. He also informed WCDPHE that he would not be pumping weekly as was stated on the letter from Weld County Attorney. 11081 Highway 14 Background Summary December 22, 2015 WCDPHE received a phone message from Mr. Winick. Message stated that there was no guarantee that the system could be installed before March or April. Also stated that pumping would not be conducted weekly. January 21, 2015 An inspection was conducted. Surfacing effluent was observed by two inspectors of WCDPHE at 11081 Hwy 14. January 27, 2015 A letter notifying Mr. Winick that a Nuisance Hearing is to take place before the Board of County Commissioners was sent out. A phone message was also left informing Mr. Winick of this Hearing. January 28, 2015 An inspection was conducted. Surfacing effluent was again observed by two inspectors of WCDPHE at 11081 Hwy 14. January 30, 2015 Phone call regarding Nuisance Hearing Date. Reiteration that only two pumping receipts have been received. Informed Mr. Winick that effluent continues to be present on the surface at 11081 Hwy 14, Ault. February 2, 2015 A pumping receipt for December 24, 2014 was received by WCDPHE 5 • 2/6/2015 _ H �r ..Y L" �`i • - r yy ':s �1 TJ` '�.: �T �re.i,},. 1. \. �y qyS _ '" 1 ) : _ 'a-.-.w, r tom'. a: a. J ,- r o • hs b � ,.,,.. .. � , .• V,� 7JAI4, ` V � l ' •N.J! fir^ ¶ \ - . • ,4 •- • ' }�' ��,..,,- •1 ,, 7 ;: 'l s•-y1 - ,�•-• alp �-,,-wIM 4! ', ?t• /.-- . � ate* _ 1 ��` ` a.. `_• or - •• Y Surfacing Effluent 1 1 08 1 Hwy 14, Ault/ CO . i observed by WCDPHE on 6/30/2014 r _ _ p ale----.' ' • • 4Itt . "V • , ;r,, � r4t 1 r �C LAla Y Surfacing effluent 11081 Hwy 14, Ault, CO Observed by WCDPHE on 6/30/14. 6 2/6/2015 - it- 1-1O4 A � , h is lir - a>?' ^ tali - -" -mr.:r-:� ter. Ar w;.. •• .< y ¢ .� .r.'! 1 .'. ♦ ' aC Y r, jl Surfacing Effluent 11081 Hwy 14, Ault, CO Observed by WCDPHE on 6/30/2014. .) Mk /r , r le A 1 ! as - •.r.••! ` ^ '` r . • L'. " •••-)!*".* J' `.-k ` `y - J. �. .� J 4 y w -, allSurfacing Effluent ,.1081 Hwy 14, Ault, CO Observed by WCDPHE on 7/30/2014 7 2/6/2015 4 he -%n.- ;r Si Ne 17 • cti 1 ... . oft..:Y.:41blig,: :,.. %, j.- • le •••,' •_ t • M - ta- k .� .41.1 Surfacing effluent 11081 Hwy 14, Ault, CO Effluent observed by WCDPHE on 7/30/2014 s-: t r y'i'y L T TC JJ ~ •II\ 1 • 4 N. ... • It, r; *•. *h.' 4:/% '*" -•"t ` Y c a- , .y 1L�s( V j� •r! / •:;r _"ifs♦. _ ` 1 i/l Surfacing Effluent 11081 a wy 14, Ault, CO __al With proximity to animals 7/30/2014 8 2/6/2015 1iT ^. / 4 `N.,� i --- - ) _ '. ,1t , tied —„� • • M :3/4:4(/ � -043 r y' St 7 r 1 ,� ^ , frown, �' d• y Y. • . . r{0'4, ',; • � F.- !' iJ - c ." .5~al r •titer/' ,. •,�M �'!�,;r'� (7r„�, r F - - S.:♦. . Y `I'`A f & tt al' ' Ir • f �. `1 F'. • f" ,alikr yjiy init �"' Surfacing effluent 1081 Hwy 14, Ault, CO . Observed by WCDPHE on 1 /21 /2014 1 • , ` • rI ..a L 'p I 6 1 i _ .. r allSurfacing Effluent 11081 Hwy 14, Ault, CO Observed by WCDPHE on 1 /21 /2015 9 2/6/2015 - -• • _ •fit'' I r. `t .$ , •J• � jtkt `If - t •t11 u\ bY.. t � y ti R.- at aR * : c • ,'f I f �lra /1 y5 1 . 'i_ �7.`t+fa}.1i, t' • ."; ; 3 - • • • Cr �,. !' - P: Surfacin •, Effluent 11081 Hwy 14, Ault, CO 1 Observed by WCDPHE on 1 /21 /2015 / / ff// \timiiii, . • 1 - • +lil/a Y 6.' 1 0-1 'T eiditI ' t�. 4 • ♦tea• • ��•,� 4 ♦ 1, O•- -° `., t-. . 4.'-;*4:14140'+ - • ♦ +- ; 0• ` -. `�.ir . w 't •k et � e ,="' ' .yv•, ,i 1.1 `'k/:+��, ; 4-•.7. drift'ih. �• •� a rl '4 h �..._. i .' .t "• 7v a. ` • - ►1, f• • . I. /'1 • ii f YI.♦w •'r �,/�' y• ., r 4 _ ,-. '1.Yst . ..41.' i.. ..1k-.1L a -a _ N yy ^Y'T� r` ✓; • f^ , ;,, a♦-• ".r ti�j�` • . . 4 � _f a+�.. i ff� f • _•,,�Ri 4 �Y � • (," q � ws ` f,: k��.�r•r,�lh�.yr'1 2f • •y' pig!"it"P. • QI riara1rira. A,t�°s ,r. '' 7. ' 7`,. M, �M1 14yP, :'4' ' �f' ' 1 �`,r�• .*A �s • i t i•64 5?JFt '. (�••> JY \+ t 9 't y`t n:.t, y1''>< �-. �- • , I414 '.• y r• 1r•sr,.,�5� '�• I- A � , .h. • • • •1• � Z , t t3aJ T �T't.Q�'V'.1.•4•y.Surfacing Effluent 1 1 08 1 ps wy 14, Ault,/ CO I Observed by WCDPHE 1 /28/2015 10 2/6/2015 at 1 t ;ic ; r^.6.1 t `�s t c .}.ti-•r•ccrri�� J..... , ,,,, , ,t, , ,,,,... i A 4,. . ., 4 '' , . 42: „.„..•-• •••• '°/ ` ' r '• ‘ fl .7,0 ,, Are � l �10 ... t Irl 4 , t.1# "• %4 . 'fr . 44. :::::::: . 47"....*AL,iti.,,:712-444 tass•a7:144•A:1. , .... 0 . ••.- .4 ,ir , ,,,,s;,sti,fictiviiir.:',.., % I / ,1 ♦ L . '5 y mil•... ,.i�, ge •P 41y-r \i�w . r.. '`^+ sue^' a• kb!)3tVd ¢_ •�`� ` • �- -vitro, ,- 1 M • ay S. Sa 3� sr- 4' y �,;� 1 ..• u. L .y `'t'y /' t .,. 1••. . • . •.-4 /. I. y S 4,f i' .1•. f'..iA AL \ _ 1 .•:;.+ 'jai i .-..'�.` � .y linSurfacing Effluent 11081 Hwy 14, Ault, CO Observed by WCDPHE 1 /28/2015 • tt, . .P.I! ,k . I. ,a.. Vii•`/ • t _ - 49 -.. '\ .It ,yam ry ' ., ►-_s' S'l ;I;i IS t..r' '2 4.`. • :�r ""�-�I Ina11 .. 1 r Sy i. .,..i.i. I,: 4474 '9 y � a•L:.+-��. 1 � 1. iJ! 11'1;, r _` F �_• ` :' _ :71 ��,t IliAr .1 -y Surfacing Effluent 11081 Hwy 14, Ault, CO Observed by WCDPHE on 1 /28/2015 4. 11 4 2/6/2015 Health Effects and Raw Sewage Sewage contains pathogens such as bacteria, viruses, and parasites Sewage also contains chemicals, toxins, heavy metals, pharmaceuticals Sewage contains harmful gases Exposure can be through direct contact with contaminated water and food, or recreationally through ingestion, eyes, ears and nose Diseases that can be caused by contact with sewage include; campylobacteriosis, cryptosporidiosis, e. Coli, encephalitis, giardiasis, leptospirosis, methaemobglobinaemia, poliomyelitis, salmonellosis, shigellosis, rotavirus, typhoid fever, paratyphoid fever, yersiniosis, tubercolosis, dysentery, cholera, tetanus, hepatitis, various forms of gastroenteritis Additional Information Existing 1000 gallon tank g 6 persons living in residence a 75 gallon per person per day (WCDPHE Chapter 30 OWTS Regulations) w/out water saving measures 75 * 6 = 450 gallons of wastewater estimated to enter tank per day Tank will fill every 2 to 3 days. **If effluent runs back into tank from failed Ieachfield, tank will fill more often. 12 2/6/2015 Recommendation to Board of County Commissioners It is the recommendation of WCDPHE that the Board of County Commissioners, in your capacity as the Board of Health, consider the failing onsite wastewater treatment system at 11081 Hwy 14, Ault, CO, to be a nuisance pursuant to CRS 25 - 1 -518. WCDPHE recommends that either; WCDPHE be directed to hire a licensed cleaner and have the tank pumped a minimum of weekly, or as needed, based upon observation of surfacing effluent. Cost recovery would occur from a lien on the property. Vacate premises until the septic system is repaired/replaced. This property is a rental — it is currently occupied by tenants. 13 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT •1/2061 1555 North 17th Avenue Greeley, CO 80631 r - h PublkAeHth Fri Web:www.weldhealth.orq " Health Administration Public Health&Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services &Planning 8 Response G 0_�N T Y ae woao4.6410 e e 9 0 304 6420 ass s o 304 6 15 Tele:970.3046470 Tele:970.304.6420 Fax: 970304.6412 Fax: 970.304.6416 Fax: 970 304 6411 Fax. 970.3046452 Fax: 970.304.6469 Our vision Together with the communities we serve,we are working to make Weld County the healthest place to eve,team,work and play January 27, 2015 Certified Letter No.: 7010 1670 0000 2048 3766 Mr. Steven J. Winick 11083 Highway 14 Ault, CO 80610 Subject: Nuisance Condition and Notice of Hearing for 11081 Highway 14, Ault, Colorado Mr. Winick, On June 12, 2013, an evaluation of the septic system servicing the residence at 11081 Highway 14, Ault, Colorado, was conducted by the Weld County Department of Public Health and Environment("WCDPHE"). At that time, the system was found to be malfunctioning and insufficiently sized for the residence. WCDPHE's understanding is that you are the owner of the property located at 11081 Highway 14 and that you are currently renting out the residence. On October 23, 2013, a septic repair permit was issued to you. Despite the issuance of the repair permit, a subsequent inspection on June 30, 2014, indicated that the septic system was failing with surfacing effluent and insufficient capacity to serve the residents. A letter notifying you of the violation was sent to you on July 1, 2014. Sufficient steps to address the issue by you were not taken and a cease and desist order was issued by WCDPHE after a hearing held on November 3, 2014. Since the issuance of the cease and desist order, you have not taken sufficient steps (including regular pumping of the septic tank to prevent surfacing effluent)to address the failing and insufficiently sized septic system. In fact, a recent WCDPHE inspection on January 21, 2015, observed surfacing effluent. WCDPHE considers the septic system at 11081 Highway 14 to be a nuisance pursuant to § 25-1-518, C.R.S., a copy of which is enclosed. The Weld County Board of Commissioners in its capacity as the Weld County Board of Health will consider this nuisance at a public meeting on Monday, February 9. Your presence at this hearing is requested. The hearing will occur at 9:00 a.m. in the Centennial Hearing Room located in the Weld County Administration Building, 1150 O Street, Greeley, Colorado. At the hearing, WDCPHE will request that the Board find that a nuisance exists and order you to take steps to abate the nuisance. Such steps shall include pumping the septic system as necessary and installing a septic system, or repairing the current system if possible,that conforms to the Weld County On-Site Wastewater Treatment System Regulations. Should the Board require you to abate the nuisance and you do not do so, Weld County is authorized under § 25-1-518, C.R.S. to take steps to abate the nuisance and impose a special assessment for the cost of such abatement on the property at 11081 Highway. The Board's action at the February 9 hearing could affect the ability of residents to continue occupying the property. This letter serves as notice regarding the hearing to be held on February 9, 2015, as described above. If you have questions, please contact Katie Sall with WCDPHE at (970) 304-6415, ext. 2216. Sincerely, � 4(RL2.'ILI .Cq Katie Sall Lauren Light Environmental Health Specialist Environmental Health Manager Environmental Health Services Environmental Health Services Weld County Department of Public Health and Environment enc. § 25-1-518, C.R.S. cc: Mark Wallace, Weld County Health Officer (via e-mail) Trevor Jiricek, Weld County General Services Director(via email) Brad Yatabe, Assistant Weld County Attorney (via e-mail) WELD COUNTY ATTORNEY'S OFFICE 1150 O STREET P.O. BOX 758 r ; M, GREELEY, CO 80632-0758 WEBSITE: www.co.weld.co.us r i ' PHONE: (970) 336-7235 �' ca UN T Y f FAX: (970) 352-0242 December 8, 2014 Mr. Steven J. Winick 11083 Highway 14 Ault, CO 80610 Re: Non-compliance with Cease and Desist Order, 11081 Highway 14,Ault, Colorado Mr. Winick, On November 3, 2014, Dr. Mark Wallace in his capacity as the Weld County Health Officer issued a Cease and Desist Order ("Order"), a copy of which is enclosed,pursuant to Weld County Code § 30-4-30 and § 25-10-106(1)(k)(I), of the Colorado Revised Statutes. The Order required you to bring your failing and undersized septic system into compliance with the Weld County Code within 30 days of the issuance of the Order. More than 30 days have passed since the issuance of the Order and the septic system remains out of compliance. Pursuant to Weld County Code § 30-4-170, a person who violates the terms of a cease and desist order commits a class 1 petty offense which is punishable upon conviction by a maximum $500.00 fine and/or 6 months in jail. Additionally,pursuant to Weld County Code § 30-4-170, in addition to the penalties for the class 1 petty offense,the Board of County Commissioners in their capacity as the Board of Public Health may assess a monetary penalty of up to $50.00 for each day your septic system is out of compliance with the Weld County Code. Furthermore, Weld County can petition the District Court for an injunction requiring you to bring your septic system into compliance or cease using the system until it is brought into compliance, or both. At this time, Weld County is willing to hold off on the above enforcement actions provided you do the following: 1. Provide a date in writing by when the septic system will be in compliance with the Weld County Code. Such date shall be no later than March 1st and I must receive the date in writing no later than the end of the business day December 17, 2014. 2. Until the septic system is brought into compliance, you must have the septic system pumped on a weekly basis and provide receipts from such pumping weekly to Katie Sall Page 1 of 2 with the Weld County Department of Public Health and Environment. Weekly pumping shall commence the week of December 14. Should I not receive a date in writing for bringing the system into compliance by December 17, the deadline to bring the septic system not be met, or the septic system not be pumped out on a weekly basis and proof provided of such pumping, Weld County will proceed with one or all of the enforcement actions detailed above. If you have any questions,feel free to call me at(970) 356-4000, ext. 4396. \l Brad Yat3�ee Assistant��W eld County Attorney Cc: Dr. Mark Wallace, Katie Sall, Lauren Light, Trevor Jiricek enc. Page 2 of 2 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT : r ti 1555 North 17th Avenue V 1 Greeley, CO 80631 PublicHt alth pren m ,e r.o,., www.weldhealth.org © 0 Health Administration Public Health 8 Environmental Health Communication, Emergency Preparedness Vital Records Clinical Services Services Education&Manning &Response Tele:970-304-6410 Tele:970-304-6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6420 Fox: 970-304-6412 Fax: 970-304-6416 Fax: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6469 Our vision:Together with the communities we serve,we are working to make Weld County the healthiest place to live,learn,work,and play. October 28,2014 Certified Letter No.: 7010 1670 0000 2048 3506 Mr. Steven J. Winick 11083 Highway 14 Ault,Colorado 80610 ISDS No.: ISDS-1300005 Permit No.: SP-1300238 Mr. Winick: On June 12,2013,an evaluation of the existing onsite wastewater treatment system at 11081 Highway 14, Ault,CO (Section 12, Township 07N, Range 67W), was conducted by Lauren Light, an Environmental Health Specialist of this department.The existing septic system was found to not be of sufficient size and capacity to adequately handle the proposed load. The system was found to be malfunctioning at the time of inspection. On October 23,2013, a Septic Permit for Repair was issued to Mr. Steve Winick at 11081 Highway 14, Ault, CO (Section 12,Township 07N,Range 67W). On June 30, 2014, in response to a complaint, an observation of the onsite wastewater treatment system located at 11081 Highway 14, Ault, CO (Section 12, Township 07N, Range 67W), was conducted by Bob Wright, PE, an Environmental Health Specialist of this department. On July 1, 2014, this department sent you a letter of violation, indicating that the existing septic system was observed to be failing,with surfacing effluent,and insufficient capacity to handle the wastewater load. On October 14,2014,this department contacted you regarding the existing onsite wastewater treatment system;that has been previously observed to be failing and has an existing repair permit, issued October 23, 2013. This phone call was placed by Katie Sall, an Environmental Health Specialist with this office and was to inform you that the existing repair permit issued October 23,2013 was scheduled to expire on October 23,2014. We attempted to contact you on October 22, 2014. This call was placed by Katie Sall. A message was left at that time regarding the expiring permit and another attempt to discuss a solution.Our call was not returned. Our files do not contain any documentation from you that this problem has been remedied. Please be advised this septic system continues to be in violation of Section 30-4-10 of the Weld County Code pertaining to Onsite Wastewater Treatment Systems,as follows in part: Section 30-4-10 of the code states: "General Sanitation Requirement:The owner of any structure where people live, work, or congregate shall insure that the structure contains an adequate, convenient, sanitary toilet and sewage disposal system in good working order. Under no condition shall sewage or effluent be permitted to be discharged upon the surface of the ground,...." Therefore, be advised that your failure to repair or replace the failing septic system, and cease the discharge of sewage, shall be heard formally before Dr. Mark Wallace, the Weld County Health Officer. The hearing will be held on November 3, 2014 at 10am in the Weld County Department of Public Health and Environment Office, located at 1555 N. 17th Avenue(corner of North 17'h Avenue and O Street) Greeley, CO. The Health Officer will consider the evidence in this case and may issue a Cease and Desist Order.Cease and Desist Orders are authorized Pursuant to Section 30-4-160 of the Weld County Code and 25-10-106 (1)(k) of the Colorado Revised Statutes (CRS) as amended, to prohibit the use of sewage disposal systems which are found not to be functioning in compliance with the Weld county Code or the CRS,or that are found to constitute a hazard to public health or water quality and that has not received timely repairs. A Cease and Desist Order is enforceable by means of both criminal and civil proceedings. Such an Order may be appealed by petition to the Weld District Court filed no later than 110 days after the Order is issued. Be further advised that you have the right to appear and present evidence at this hearing and be represented by counsel. Should you have any questions,please contact this department at 970-304-6415. Please note that a(current) permit is needed from this office to construct or alter a sewage disposal system. Forms may be obtained from this office or at the County website listed above. Sincerely, Katie Sall Lauren Light Environmental Health Specialist Environmental Health Manager Environmental Health Services Environmental Health Services cc: Mark Wallace MD,MPH,Director, Weld County Department of Public Health&Environment Trevor Jiricek,Director,Weld County Environmental Health Services Brad Yatabe,Weld County Attorney DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue Greeley, CO 80631 PublicHealth www.weldhealth.org O © Health Administration Public Health i Environmental Health Communication, Emergency Preparedness Vital Records Clinical Services Services Education 8 Planning &Response Tele:970-304-6410 Tele:970-304-6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6420 Fax: 970-304-6412 Fax: 970-304-6416 Fax: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6469 Our vision:Together with the communities we serve,we are working to make Weld County the healthiest place to live,learn,work,and play. July 1, 2014 Certified Mail No:7010 1670 0000 2048 2851 Mr. Steven J. Winick 11083 Highway 14 Ault,CO 80610 RE: Failing Septic System at 11081 Highway 14 ISDS No.: ISDS-1300005 Permit No.: SP-1300238 Mr. Winick: On June 30,2014,an observation of the existing individual sewage disposal system located at 11081 Highway 14, Ault, CO (Section 12, Township 07N, Range 67W), was conducted by Mr. Bob Wright, PE, an Environmental Health Specialist of this department. The existing Onsite Wastewater Treatment System (OWTS) was observed to be failing, with surfacing effluent, and no longer of sufficient capacity to adequately handle the wastewater load. This evaluation is based on a final treatment capacity for a 2 bedroom residence. Effluent was observed ponding on the ground surface near the west side of the residence, and signs that ponding had occurred close to the house are evident. This system is operating in a failure mode. In accordance with Weld County OWTS Regulations,this wastewater system must be repaired as soon as possible. There is an existing permit to repair this system in effect at this time, issued October 23, 2013, which is active until October 23, 2014. Because the effluent from the septic system is surfacing, and creating a health hazard, the Department is allowing 3-weeks from receipt of this letter to have the system repaired and brought into compliance with the regulations existing at the time the permit was issued. In accordance with the Department's June 10, 2013 ISDS Field Inspection Form, the entire system shall be replaced, including tank and drainfield. Please reply to this letter within 10-days of receipt, to inform the Health Department of the proposed repair plan and the schedule that the repair will be performed on. Failure to respond to this letter, and take action to repair the existing, failing OWTS will result in the Department filing a cease and desist order after a hearing before the Health Officer. This inspection was conducted for the purpose of determining compliance with current regulations and for detecting health hazards observable at the time of inspection. This does not constitute a warranty that the system is without flaw or that it will continue to function in the future. Inspections during periods of snow cover and high soil saturation may be of questionable value to potential buyers due to adverse conditions. Evaluations based on Statements of Existing (S.O.E.) relies on information the property owner provides, under oath, indicating current status of the system and representing to the best of his/her knowledge the system is not failing to function properly. If we can be of any further assistance, please contact our office at(970)304-6415. Sincerely, Robert W. Wright, PE Lauren Light Environmental Health Specialist Environmental Health Manager RW/ms cc: Mark Wallace MD, MPH, Director, Weld County Department of Public Health&Environment Bruce Barker, Weld County Attorney DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT - i 1555 North 17th Avenue r 1 Greeley, CO 80631 YublicHealth www.weldhealth.org Health Administration Public Health L Environmental Health Communication, Emergency Preparedness Vital Records Clinical Services Services Education L Planning L Response Tele:970-304-6410 Tele:970-304-6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6420 Fax: 970-304-6412 Fax: 970-304-6416 Fax: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6469 Our vision:Together with the communities we serve,we are working to make Weld County the healthiest place to live,learn,work,and play. CEASE AND DESIST ORDER FOR 11081 HIGHWAY 14, AULT, COLORADO I. HISTORY At the request of Katie Sall, Environmental Health Specialist III with the Weld County Department of Public Health and Environment, a hearing was held on November 3, 2014, at the Weld County Department of Public Health and Environment building. The purpose of the hearing was to consider the issuance of a Cease and Desist Order pursuant to Weld County Code § 30-4-160 for the property located at 11081 Highway 14, Ault, Colorado, 80610. Ms. Sall presented evidence in support of issuance of a Cease and Desist Order. Such evidence included oral testimony and written documentation regarding the on-site wastewater treatment system ("OWTS") servicing the residence located at 11081 Highway 14. The subject OWTS was inspected on June 30, 2014, by Mr. Bob Wright and was noted to be failing with surfacing effluent and insufficient capacity to handle the wastewater load. The property owner of record is Steven Winick and tenants are currently renting the residence. Ms. Sall sent Mr. Winick notification of the November 3, hearing by certified and regular mail on October 28, 2014. Subsequent to such notification, Ms. Sall was in communication with Mr. Winick regarding the November 3, hearing. Mr. Winick was made aware of the scheduled hearing. Neither Mr. Winick nor a representative appeared at the hearing. At the conclusion of the hearing, findings were made and an oral order issued which forms the basis for this written order memorializing such proceeding. II. FINDINGS Based upon the testimony and written documentation submitted by Ms. Sall, I find that the OWTS associated with the residence located at 11081 Highway 14, does not comply with the Weld County OWTS Code. Specifically, § 30-4-10 of the Weld County Code requires the owner of any structure where people live to ensure that the structure contains an adequate, convenient, sanitary toilet and sewage system in good working order. Furthermore, no sewage or effluent may be discharged upon the surface of the ground. The testimony and documentation provided by Ms. Sall established that the OWTS associated with the residence is undersized and is failing to function properly. Due to this failure, effluent is surfacing which creates a health hazard. Ms. Sall's documentation established that problems with the OWTS were communicated to Mr. Winick as early as June 12, 2013. However, Mr. Winick as yet has not corrected such problems. III. ORDER Based upon the aforementioned findings and the authority to issue a Cease and Desist Order pursuant to Weld County Weld County Code § 30-4-30 and § 25-10-106(l)(k)(I), I hereby order the following: The OWTS associated with the residence located at 11081 Highway 14, Ault, Colorado, 80610, must be brought into compliance, as determined by the Weld County Department of Public Health and Environment, with the Weld County Code within thirty days of the hearing conducted on November 3, 2014. Should the OWTS not be brought into compliance with the Weld County Code within the thirty day period, further usage of such OWTS shall cease until such time as the OWTS is brought into compliance. Steven Winick, as owner of the property, shall be responsible for bringing the OWTS into compliance. Mark Wallace, M.D., MPH Weld County Health Officer Executive Director Weld County Dept. of Public Health & Environment Hello